Birth Certificate questions for ROA application for British child born abroad

[OneTrickPony]

I am a British citizen (by naturalization) and trying to bring my spouse and our baby who was recently born there from abroad (Philippines). We are seeking to reunite as fast as we possibly can. Unfortunately we are still short of money to apply for two family visas right now but planning to do it as soon as we have enough funds hopefully by February 2025. My child is a British citizen by descent as far as I know (since I am a British citizen). While we are still gathering money for the visas I am thinking whether it would be feasible for me now to apply for my child's British passport from abroad and see if it arrives fast. That way I could save money paying for my child's huge visa fees and NHS surcharge. But we are not sure what would be faster as reducing time we spend in separation is really important for us. My questions are: Is my child currently actually eligible for a family visa even if it is a British citizen by descent? (We had solicitors in the UK who straightforwadly aggreed to do visa applications for my wife and child after I explained them my situation so I assuming she is eligible but just double checking). Do I need to notify our British embassy abroad here in any way about my child's birth or can I just go ahead and once my child received her birth certificate and a Philippine passport apply for my child's British passport online? In case I apply for my child's first British passport now and it is still not there by February will I still be able to apply for a family visa for my child while waiting for the passport to arrive? (I heard the waiting takes really long but government eebsite claims only 10 weeks so I am not sure again) Will it not affect our family visa application. Basically I am just desperate to reunite with my wife and my baby and willing to take whichever route is fastest. Thank you.

[alterhase58]

Strange solicitors' advice ....
If your child is British then the only way is to get a British passport - British citizen cannot apply for a visa.
It could take a while though if applying from abroad. The only alternative is to apply for a Certificate of Right of Abode if child has a Philippine passport (it would be inserted into that passport). Tends to be faster than BP.
https://www.gov.uk/right-of-abode/apply ... ntitlement

[OneTrickPony]

Do you think I also need to register my childs birth abroad with the UK authorities before applying for the Certificate of Right to Abode? Costs £150 plus £50 for a Consular birth registration certificate. Or is it an overkill and not required? We already applied for her local birth certificate in the Philippines though.

[contorted_svy]

Unless the birth certificate you already have is in English you'd need an official translation I think - so worth considering registering the birth with the Consulate as that gets you a birth certificate in English without the need to look for a translator.

[vinny]

A Consular Birth Certificate may also require an English translation of the original birth certificate?

It may be a waste of money.

[OneTrickPony]

Oh no, Philippines official language is English. Most of their documents are in English including Birth certificates.

[contorted_svy]

Oh no, Philippines official language is English. Most of their documents are in English including Birth certificates.

Then the Philippines birth certificate should be enough.

[OneTrickPony]

Strange solicitors' advice ....
If your child is British then the only way is to get a British passport - British citizen cannot apply for a visa.
It could take a while though if applying from abroad. The only alternative is to apply for a Certificate of Right of Abode if child has a Philippine passport (it would be inserted into that passport). Tends to be faster than BP.
https://www.gov.uk/right-of-abode/apply ... ntitlement

I really want to go for Certificate of Right to Abode option. This would be faster for me and save money too I think. Does having the certificate allow my child to freely enter UK without any problems? Also will I later be able to apply for British passport for my child when she is already in the UK? Does having a Certificate of Right to Abode make applying for British passport any difficult at all? Maybe silly questions but there isn't much legal info online about this.

[contorted_svy]

Strange solicitors' advice ....
If your child is British then the only way is to get a British passport - British citizen cannot apply for a visa.
It could take a while though if applying from abroad. The only alternative is to apply for a Certificate of Right of Abode if child has a Philippine passport (it would be inserted into that passport). Tends to be faster than BP.
https://www.gov.uk/right-of-abode/apply ... ntitlement

I really want to go for Certificate of Right to Abode option. This would be faster for me and save money too I think. Does having the certificate allow my child to freely enter UK without any problems?
Yes

Also will I later be able to apply for British passport for my child when she is already in the UK?
Yes
Does having a Certificate of Right to Abode make applying for British passport any difficult at all?
No
Maybe silly questions but there isn't much legal info online about this.

[OneTrickPony]

Do you know if they will need an original of my Certificate of Naturalisation or a photo copy/clear camera picture of it is enough? As far as I know if you are applying for Certificate of the entitlement of right to abode from abroad it is all done online only but I think biometrics for the child will be needed.. The reason I am asking is because I am in the Philippines now and going back to the UK in a few days. Is it necessery for my wife to keep the original of my Certificate of Naturalisation with her and then bring it wuth her to the uk later? I am scared what if it is lost during her long mule flight and she will be all worried and stressed with our newborn baby (usually 24 hours flights with minimum 1 stop over). Stuff can be lost and it is a bad idea to lose Certificate of Naturalisation as I think it is super hard to replace. But of course if the original is necessary I would rather leave it with her than later having to send it through expensive DHL.

[contorted_svy]

Use this link to apply from abroad https://visas-immigration.service.gov.u ... -selection

Go thourgh the application and see if you need to provide the original or show it at the biometrics appt.

[OneTrickPony]

Use this link to apply from abroad https://visas-immigration.service.gov.u ... -selection

Go thourgh the application and see if you need to provide the original or show it at the biometrics appt.

Sorry maybe a silly question again but should I create a new separate email for my child? She is just 1 month old but as I understand legally it is her who applies for the Right to abode. I am tempted to use my own usual email address the same that I have used for my own British passport/citizenship applications but thinking what if it creates
any confusion..(?)

[alterhase58]

Use your own email address. No issue.

[OneTrickPony]

Use this link to apply from abroad https://visas-immigration.service.gov.u ... -selection

Go thourgh the application and see if you need to provide the original or show it at the biometrics appt.

Honestly application is a but tricky to understand as it has some questions that may not be relevant to a child who was just born so I hope I am answering them all correctly.. So far based on my answers I gave on behalf of my daughter they asked to provide mandatory evidence that is her passport from the Philippines. Other evidence: Letter of consent from your parent. And then next to the right to abode option there is is a link it asks me to read the guidance to find out about the additional evidence I should provide. I clicked but it does not say anything about the evidence or how I should provide it.. There is a pdf guidance link where it say in our situation we need to provide: her birth certificate, our marriage certificate, my naturalisation certificate but how and when to provide that is not clear. Here is the link to download that pdf from gov.uk website:
https://assets.publishing.service.gov.u ... n_2023.pdf

[Ticktack]

Use this link to apply from abroad https://visas-immigration.service.gov.u ... -selection

Go thourgh the application and see if you need to provide the original or show it at the biometrics appt.

Honestly application is a but tricky to understand as it has some questions that may not be relevant to a child who was just born so I hope I am answering them all correctly.. So far based on my answers I gave on behalf of my daughter they asked to provide mandatory evidence that is her passport from the Philippines. Other evidence: Letter of consent from your parent. And then next to the right to abode option there is is a link it asks me to read the guidance to find out about the additional evidence I should provide. I clicked but it does not say anything about the evidence or how I should provide it.. There is a pdf guidance link where it say in our situation we need to provide: her birth certificate, our marriage certificate, my naturalisation certificate but how and when to provide that is not clear. Here is the link to download that pdf from gov.uk website:
https://assets.publishing.service.gov.u ... n_2023.pdf

Have you finished filling the form? At the end, it should tell you how and where to provide required documents.

If any is missing during the processing, they would contact you to send it.

[OneTrickPony]

Use this link to apply from abroad https://visas-immigration.service.gov.u ... -selection

Go thourgh the application and see if you need to provide the original or show it at the biometrics appt.

Honestly application is a but tricky to understand as it has some questions that may not be relevant to a child who was just born so I hope I am answering them all correctly.. So far based on my answers I gave on behalf of my daughter they asked to provide mandatory evidence that is her passport from the Philippines. Other evidence: Letter of consent from your parent. And then next to the right to abode option there is is a link it asks me to read the guidance to find out about the additional evidence I should provide. I clicked but it does not say anything about the evidence or how I should provide it.. There is a pdf guidance link where it say in our situation we need to provide: her birth certificate, our marriage certificate, my naturalisation certificate but how and when to provide that is not clear. Here is the link to download that pdf from gov.uk website:
https://assets.publishing.service.gov.u ... n_2023.pdf

Have you finished filling the form? At the end, it should tell you how and where to provide required documents.

If any is missing during the processing, they would contact you to send it.

So there is this Step 3 which is called Documents and they ask me to tick boxes: Mandatory, which is my child's local pasport, Other Evidence: Letter of consent from your parent(s) or legal guardian. (By the way I do not know how to write that one, need to research), and lastly it asks you 'Tick to confirm that you have read the guidance below and that you know what evidence you can provide" and then there is "read the guidance" link that directs you to view the application form for people who apply for the right of abod from inside the UK. That says nothing about how to submit additional evidence and doesn't say which exactly evidence is needed either. And then the step 4 is Declaration, step 5 is Pay, step 6 is Further action. So do you think they will only tell me what to bring in the Further actions step?

[contorted_svy]

I thought in your previous post you had identified what to bring: passport, birth certificate, marriage certificate, naturalisation certificate, letter of consent. This should be enough to prove your child is British by descent. in the Further info section you will be told how to provide these documents.

To write the letter of consent use the template here https://assets.publishing.service.gov.u ... e_2014.pdf in section 6 (just swap "registration" for "right to abode".

[OneTrickPony]

I thought in your previous post you had identified what to bring: passport, birth certificate, marriage certificate, naturalisation certificate, letter of consent. This should be enough to prove your child is British by descent. in the Further info section you will be told how to provide these documents.

To write the letter of consent use the template here https://assets.publishing.service.gov.u ... e_2014.pdf in section 6 (just swap "registration" for "right to abode".

Thank you for this info. I see so should I just copy paste the entire section and then would that be correct wording: ''I (name of father) consent to this application for the Certificate of entitlement to prove that (name of child) has right of abode in the UK''. ''I (name of mother) consent to this application for the Certificate of entitlement to prove that (name of child) has right of abode in the UK''

Also I didn't quite get this one: Section 6.5 ''Child's consent where they are making application on their behalf''. Should I write my child's name there and who should sign it?

Also how exactly do I add this into the letter: consent from your parent(s)/legal guardian(s) to the living arrangements in the United Kingdom and the address where you will be staying. They mention that a letter of consent must confirm it. I am still in the process of arranging accomodation for my wife's spouse visa and obviously for our baby. Does that mean this application also can only be made after I already have found a suitable flat for three of us to live in the UK without overcrowding?

[contorted_svy]

You only need the sections about parents. The rest doesn't apply to you I don't think as the baby still lives in the Philippines if I understand correctly.

[OneTrickPony]

You only need the sections about parents. The rest doesn't apply to you I don't think as the baby still lives in the Philippines if I understand correctly.

Yes, the baby still lives in the Philippines and I specified that address in the appication. So you think that living arrangements in the UK that they mention does not apply to me? I just thought they might be assuming that one of parents intend to bring the baby who is about to get the Certificate to the UK to rejoin with him/her and trying to make sure the baby has somewhere to stay. Just to show what exactly I get in the documents section:

Letter of consent from your parent(s) or legal guardian(s)
A letter of consent that confirms:
- the relationship between you and your parent(s)/legal guardian(s)
- consent from your parent(s)/legal guardian(s) to the application
- consent from your parent(s)/legal guardian(s) to the living arrangements in the United Kingdom and the
address where you will be staying
- whether one or both of your parent(s)/legal guardian(s) have responsibility for you
Both parents/legal guardians must sign the letter of consent, except where only one parent/legal guardian has sole responsibility for you.

Also here I definitely do not need to add that section 6.5 to my letter and replace words 'registration as British citizen' with 'apply for the Certificate of entitlement to prove that I have right of abode in the UK'?

6.5 Child’s consent where they are making an application on their own behalf
I (name in BLOCK LETTERS)_____
apply for registration as a British citizen and attach the consent of my father/mother/guardian to this application.
Signed______

[contorted_svy]

You only need the sections about parents. The rest doesn't apply to you I don't think as the baby still lives in the Philippines if I understand correctly.

Yes, the baby still lives in the Philippines and I specified that address in the appication. So you think that living arrangements in the UK that they mention does not apply to me? I just thought they might be assuming that one of parents intend to bring the baby who is about to get the Certificate to the UK to rejoin with him/her and trying to make sure the baby has somewhere to stay. Just to show what exactly I get in the documents section:

Letter of consent from your parent(s) or legal guardian(s)
A letter of consent that confirms:
- the relationship between you and your parent(s)/legal guardian(s)
- consent from your parent(s)/legal guardian(s) to the application
- consent from your parent(s)/legal guardian(s) to the living arrangements in the United Kingdom and the
address where you will be staying
- whether one or both of your parent(s)/legal guardian(s) have responsibility for you
Both parents/legal guardians must sign the letter of consent, except where only one parent/legal guardian has sole responsibility for you.

Honestly I am not sure. But if baby lives in the Philippines for the time being, until you get a visa for your wife, why would an address in the UK be needed? Maybe you can elaborate on that in the letter? I am not an expert on ROA applications so maybe someone else can weigh in.

Also here I definitely do not need to add that section 6.5 to my letter and replace words 'registration as British citizen' with 'apply for the Certificate of entitlement to prove that I have right of abode in the UK'?

6.5 Child’s consent where they are making an application on their own behalf
I (name in BLOCK LETTERS)_____
apply for registration as a British citizen and attach the consent of my father/mother/guardian to this application.
Signed______

Definitely don't need this, child is not applying on their behalf.

[OneTrickPony]

You only need the sections about parents. The rest doesn't apply to you I don't think as the baby still lives in the Philippines if I understand correctly.

Yes, the baby still lives in the Philippines and I specified that address in the appication. So you think that living arrangements in the UK that they mention does not apply to me? I just thought they might be assuming that one of parents intend to bring the baby who is about to get the Certificate to the UK to rejoin with him/her and trying to make sure the baby has somewhere to stay. Just to show what exactly I get in the documents section:

Letter of consent from your parent(s) or legal guardian(s)
A letter of consent that confirms:
- the relationship between you and your parent(s)/legal guardian(s)
- consent from your parent(s)/legal guardian(s) to the application
- consent from your parent(s)/legal guardian(s) to the living arrangements in the United Kingdom and the
address where you will be staying
- whether one or both of your parent(s)/legal guardian(s) have responsibility for you
Both parents/legal guardians must sign the letter of consent, except where only one parent/legal guardian has sole responsibility for you.

Honestly I am not sure. But if baby lives in the Philippines for the time being, until you get a visa for your wife, why would an address in the UK be needed? Maybe you can elaborate on that in the letter? I am not an expert on ROA applications so maybe someone else can weigh in.

Also here I definitely do not need to add that section 6.5 to my letter and replace words 'registration as British citizen' with 'apply for the Certificate of entitlement to prove that I have right of abode in the UK'?

6.5 Child’s consent where they are making an application on their own behalf
I (name in BLOCK LETTERS)_____
apply for registration as a British citizen and attach the consent of my father/mother/guardian to this application.
Signed______

Definitely don't need this, child is not applying on their behalf.

Yes, thank you. I am not sure too until I have seen at least a single example of such letter being written by a parent for their child. Need to do some more research.

[OneTrickPony]

I found this on one of the threads here: Consent Example.

And that's the link to the thread: Right of Abode - Consent Letter

Would that work for me too?

[OneTrickPony]

This type of letter is more simple yet I think it is more close to what the HO asked.

Letter template of consent from parent

What do you think?

[OneTrickPony]

After searching and trying different versions I stopped at this one:

29th of October 2024

Dear Sir or Madam,
UAN:

I, name of mother, and I, name of father, hereby confirm that:

• We are the parents of name of our child.
  We give our consent to name of our child to apply for her Certificate of the entitlement to prove she has Right of Abode in the UK.
  We confirm that we both have responsibility for our daughter, name of our child.

Yours faithfully

Name of mother Name of father

(Signature) (Signature)

Date today Date today

Home address Home address

email: xxxxxxxxxxxxxxxxxxxxxxx email: xxxxxxxxxxxxxxxxxxxx
phone: xxxxxxxxxxxxxx phone: xxxxxxxxxxxxxxxxxxx

What do you all think? Feel free to point out if I missed anything. Thank you.